,,ii #aaeth ,,congress #b;d ,session ,s4 #ceej ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,october #d1 #bjah ,mr4 ,heinrich 7for himself and ,mrs4 ,capito7 introduced the following bill2 which was read twice and referred to the ,committee on ,energy and ,natural ,resources ,a ,,bill ,to modify the procedures for issuing special recreation permits for certain public land units1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,public ,land ,recreational ,opportunities ,improvement ,act4 #b4 ,definitions ,in this ,act3 7#a7 ,associated agency ,the term associated agency means the ,federal land management agency1 other than the lead agency1 that manages a public land unit that is the subject of a single joint special recreation permit under section #g7;a74 7#b7 ,federal land management agency ,the term ,federal land management agency has the meaning given the term in section #hjb of the ,federal ,lands ,recreation ,enhancement ,act 7#af ,u4,s4,c4 #fhja74 7#c7 ,lead agency ,with respect to a single joint special recreation permit application submitted under section #g7;a71 the term lead agency means the ,federal land management agency designated to administer the single joint special recreation permit under section #g7;a77#b74 7#d7 ,multijurisdictional trip ,the term multijurisdictional trip means a trip that-- 7,a7 uses #b or more public land units2 and 7,b7 is under the jurisdiction of #b or more ,federal land management agencies4 7#e7 ,public land unit ,the term public land unit means-- 7,a7 a unit of the ,national ,forest ,system2 7,b7 a unit of the ,national ,park ,system2 7,c7 a unit of the ,national ,wildlife ,refuge ,system2 7,d7 a district of the ,bureau of ,land ,management2 and 7,e7 a project of the ,bureau of ,reclamation4 7#f7 ,secretary concerned ,the term ,secretary concerned means-- 7,a7 the ,secretary of ,agriculture1 with respect to a public land unit described in paragraph 7#e77;,a72 and 7,b7 the ,secretary of the ,interior1 with respect to a public land unit described in subparagraph 7,b71 7,c71 7,d71 or 7,e7 of paragraph 7#e74 7#g7 ,special recreation permit ,the term special recreation permit has the meaning given the term in section #hjb of the ,federal ,lands ,recreation ,enhancement ,act 7#af ,u4,s4,c4 #fhja74 #c4 ,special recreation permit and fee 7a7 ,definitions ,section #hjb of the ,federal ,lands ,recreation ,enhancement ,act 7#af ,u4,s4,c4 #fhja7 is amended-- 7#a7 in paragraph 7#a71 by striking section #c7;f7 and inserting #hjc7;f72 7#b7 in paragraph 7#b71 by striking section #c7;g7 and inserting section #hjc7;g72 7#c7 in paragraph 7#f71 by striking section #e and inserting section #hje2 7#d7 in paragraph 7#i71 by striking section #e and inserting section #hje2 7#e7 in paragraph 7#ab71 by striking section #g and inserting section #hjg2 7#f7 in paragraph 7#ac71 by striking section #c7;h7 and inserting section #hjc7;h72 7#g7 by redesignating paragraphs 7#a71 7#c71 7#d71 7#e71 7#f71 7#g71 7#h71 7#i7 and 7#ac7 as paragraphs 7#ae71 7#a71 7#c71 7#d71 7#e71 7#f71 7#g71 7#h71 and 7#ad71 respectively1 and moving the paragraphs so as to appear in numerical order2 7#h7 by inserting after paragraph 7#h7 7as so redesignated7 the following3 7#i7 ,recreation services provider ,the term recreation services provider means an individual or entity that-- 7,a7 provides outfitting1 guiding1 or other recreation services2 or 7,b7 conducts recreational or competitive events1 including incidental sales4 2 and 7#i7 by inserting after paragraph 7#ab7 the following3 7#ac7 ,special recreation permit ,the term special recreation permit means-- 7,a7 with respect to the ,forest ,service1 an outfitting and guiding special use permit2 7,b7 with respect to the ,national ,park ,service1 a commercial use authorization for outfitting and guiding2 7,c7 with respect to the ,united ,states ,fish and ,wildlife ,service1 a special use permit for recreational1 sport fishing1 or hunting guiding2 7,d7 with respect to the ,bureau of ,land ,management1 a special recreation permit for commercial outfitting2 and 7,e7 with respect to the ,bureau of ,reclamation1 a use authorization for guiding1 outfitting1 or other recreational services4 4 7b7 ,special recreation permit and fee ,section #hjc of the ,federal ,lands ,recreation ,enhancement ,act 7#af ,u4,s4,c4 #fhjb7 is amended-- 7#a7 in subsection 7b77#e71 by striking section #d7;d7 and inserting section #hjd7;d72 and 7#b7 by striking subsection 7h7 and inserting the following3 7h7 ,special recreation permit and fee 7#a7 ,special recreation permit ,the ,secretary may issue a special recreation permit for specialized individual or group use of a ,federal facility or ,federal recreational lands and waters to a recreation services provider for an activity at a ,federal facility or on ,federal recreational lands and waters1 including-- 7,a7 the use of-- 7i7 a special area2 or 7ii7 an area in which use is allocated2 7,b7 motorized recreational vehicle use2 and 7,c7 a group activity or event4 7#b7 ,special recreation permit fee 7,a7 ,in general ,the ,secretary may charge a special recreation permit fee in connection with the issuance of a special recreation permit under paragraph 7#a74 7,b7 ,amount of fee ,a special recreation permit fee shall not exceed the difference between-- 7i7 the sum of-- 7,i7 #c percent of the annual gross revenue of the recreation services provider for all activities authorized by special recreation permits2 and 7,,ii7 any applicable revenue addition2 and 7ii7 any applicable revenue exclusion or similar per-person fee4 7,c7 ,disclosure of fees ,a special recreation permit holder may inform customers of any fee charged by the ,secretary under this paragraph4 7#c7 ,reports ,the ,secretary shall make available to holders of special recreation permits under paragraph 7#a7 and the public an annual report describing the use of fees collected by the ,secretary under paragraph 7#b74 4 7c7 ,use of special recreation permit revenue ,section #hjh of the ,federal ,lands ,recreation ,enhancement ,act 7#af ,u4,s4,c4 #fhjg7 is amended-- 7#a7 in subsection 7a77#c77;,f71 by striking section #f7;a7 and inserting section #hjf7;a72 7#b7 in subsection 7d71 by striking section #e each place it appears and inserting section #hje2 7#c7 by redesignating subsections 7b7 through 7d7 as subsections 7c7 through 7e71 respectively2 and 7#d7 by inserting after subsection 7a7 the following3 7b7 ,use of special recreation permit fee revenue ,revenue from a special recreation permit fee may be used for-- 7#a7 the purposes described in subsection 7a72 and 7#b7 expenses-- 7,a7 associated with processing applications for special recreation permits2 and 7,b7 incurred in the improvement of the operation of the special recreation permit system4 4 7d7 ,permanent authorization ,section #haj of the ,federal ,lands ,recreation ,enhancement ,act 7#af ,u4,s4,c4 #fhji7 is amended-- 7#a7 by striking ,the authority and inserting the following3 7a7 ,in general ,except as provided in subsection 7b71 the authority 2 and 7#b7 by adding at the end the following3 7b7 ,applicability ,subsection 7a7 shall not apply to-- 7#a7 section #hjc7;h72 or 7#b7 section #hjh7;b74 4 #d4 ,permitting process improvements 7a7 ,in general ,to improve the process of the issuance and renewal of special recreation permits and reduce the cost of administering special recreation permits1 the ,secretary concerned shall-- 7#a7 evaluate the special recreation permitting process2 7#b7 identify opportunities-- 7,a7 to eliminate duplicative processes2 7,b7 to reduce costs2 and 7,c7 to decrease processing times2 and 7#c7 implement the improvements identified under paragraph 7#b74 7b7 ,environmental reviews ,in issuing and renewing a special recreation permit1 the ,secretary concerned may1 in accordance with the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47-- 7#a7 use a programmatic environmental review2 and 7#b7 adopt or incorporate material from a previous environmental impact statement or environmental assessment4 7c7 ,categorical exclusions 7#a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,secretary concerned shall-- 7,a7 evaluate whether #a or more categorical exclusions developed in compliance with the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 would reduce processing times or costs for the issuance and renewal of special recreation permits without significantly affecting the human environment2 and 7,b7 if the ,secretary concerned determines under subparagraph 7,a7 that a categorical exclusion would reduce processing times or costs for the issuance and renewal of special recreation permits without significantly affecting the human environment1 establish that categorical exclusion in compliance with the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 7#b7 ,administration 7,a7 ,in general ,in administering a categorical exclusion established under paragraph 7#a77;,b71 the ,secretary concerned shall comply with the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 7including regulations promulgated pursuant to that ,act74 7,b7 ,extraordinary circumstances ,in determining whether to use a categorical exclusion established under paragraph 7#a77;,b71 the ,secretary concerned shall apply the extraordinary circumstances procedures described in-- 7i7 section #aejh4d of title #dj1 ,code of ,federal ,regulations 7or a successor regulation72 and 7ii7 as applicable-- 7,i7 section #bbj4f of title #cf1 ,code of ,federal ,regulations 7or a successor regulation72 or 7,,ii7 section #df4bae of title #dc1 ,code of ,federal ,regulations 7or a successor regulation74 7d7 ,needs assessments ,except as required under section #d7;c7 of the ,wilderness ,act 7#af ,u4,s4,c4 #aacc7;c771 the ,secretary concerned shall not conduct a needs assessment as a condition of issuing a special recreation permit for a public land unit under this ,act4 #e4 ,permit flexibility 7a7 ,similar activities ,the ,secretary concerned shall establish a permit administration protocol that authorizes1 to the maximum extent practicable1 a permittee issued a special recreation permit for a public land unit under section #hjc7;h7 of the ,federal ,lands ,recreation ,enhancement ,act 7#af ,u4,s4,c4 #fhjb7;h77 to engage in a recreational activity that is substantially similar to the specific activity authorized under the special recreation permit1 if the substantially similar recreational activity does not-- 7#a7 result in a greater impact on natural and cultural resources than the authorized activity2 and 7#b7 adversely affect any other permittee issued a special recreation permit for a public land unit under that subsection4 7b7 ,voluntary return of surplus service days 7#a7 ,in general ,the ,secretary concerned shall establish a pilot program to allow a permittee issued a special recreation permit for a public land unit to voluntarily and temporarily return to the ,secretary concerned #a or more surplus service days1 to be made available to any other existing or potential permittee4 7#b7 ,limitations ,a voluntary return of #a or more surplus service days under paragraph 7#a7-- 7,a7 shall-- 7i7 be for a period of not more than-- 7,i7 #a season beginning on the date on which the permittee makes the return and ending on a date determined by the ,secretary2 or 7,,ii7 #a calendar year beginning on the date on which the permittee makes the return2 and 7ii7 be without prejudice or penalty to the permittee who makes the return2 and 7,b7 shall not be used to reduce any future allocation of service days to the permittee who makes the return4 7c7 ,forest ,service temporary permits ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary of ,agriculture shall establish and implement a program-- 7#a7 to authorize the issuance of temporary special recreation permits that are issued to permittees for a period of not more than #b years2 and 7#b7 to provide for the conversion of a temporary special recreation permit issued under paragraph 7#a7 to a long-term special recreation permit beginning on the date on which the ,secretary of ,agriculture has determined that the permittee has completed #b years of satisfactory operation under the temporary special recreation permit4 #f4 ,permit administration 7a7 ,permit availability 7#a7 ,notification of permit availability ,if the ,secretary concerned has determined that special recreation permits are available on a public land unit1 the ,secretary concerned shall publish that information on the website of the ,department of ,agriculture or the ,department of the ,interior1 as applicable4 7#b7 ,updates ,the ,secretary concerned shall ensure that information published on the website under this subsection is consistently updated to provide current and correct information to the public4 7#c7 ,electronic mail notification ,the ,secretary concerned shall-- 7,a7 establish a system by which potential special recreation permit applicants may subscribe to receive notification of the availability of special recreation permits by electronic mail2 and 7,b7 direct employees of the ,department of ,agriculture or the ,department of the ,interior1 as applicable1 to use that system to notify the public of the availability of special recreation permits4 7b7 ,permit application acknowledgment ,not later than #fj days after the date on which the ,secretary concerned receives an application for a special recreation permit for a public land unit1 the ,secretary concerned shall-- 7#a7 provide to the applicant notice acknowledging receipt of the application2 and 7#b7 7,a7 issue a final decision with respect to the application2 or 7,b7 provide to the applicant notice of a projected date for a final decision on the application4 #g4 ,permits for multijurisdictional trips 7a7 ,single joint special recreation permits 7#a7 ,in general ,in the case of a multijurisdictional trip1 the ,federal land management agencies with jurisdiction over the multijurisdictional trip may offer to the applicant a single joint special recreation permit that authorizes the use of each public land unit under the jurisdiction of those ,federal land management agencies4 7#b7 ,lead agency ,in offering a single joint special recreation permit under paragraph 7#a71 the applicable ,federal land management agencies shall designate a lead agency for administering the single joint special recreation permit based on the following considerations3 7,a7 ,the length of the multijurisdictional trip and the relative portions of the multijurisdictional trip on each public land unit4 7,b7 ,the congressional or administrative designations that apply to the areas to be used during the multijurisdictional trip and the degree to which those designations impose limitations on recreational use4 7,c7 ,the relative ability of the ,federal land management agencies with jurisdiction over the multijurisdictional trip to respond to the single joint special recreation permit application in a timely manner4 7,d7 ,other relevant administrative considerations4 7#c7 ,application ,an applicant desiring to be offered a single joint special recreation permit under paragraph 7#a7 shall submit to the lead agency an application1 as required by the lead agency4 7#d7 ,option to apply for separate permits ,an applicant for a special recreation permit for a multijurisdictional trip may apply to each applicable ,federal land management agency for a separate permit for the portion of the multijurisdictional trip on the public land unit managed by each applicable ,federal land management agency4 7b7 ,requirements ,in issuing a single joint special recreation permit under subsection 7a71 the lead agency shall-- 7#a7 coordinate with the associated agency1 consistent with the authority of the ,secretary concerned under section #ccj of the ,department of the ,interior and ,related ,agencies ,appropriations ,act1 #bjja 7#dc ,u4,s4,c4 #agjc71 to develop and issue #a joint permit that covers the entirety of the multijurisdictional trip2 7#b7 in processing the joint recreation permit application1 incorporate the findings1 interests1 and needs of the associated agency2 and 7#c7 complete the permitting process within a reasonable timeframe4 7c7 ,cost recovery ,the coordination with the associated agency under subsection 7b7 shall not be subject to cost recovery4 7d7 ,effect of section ,nothing in this section modifies1 expands1 or limits the applicability of any ,federal law 7including regulations7 to land managed by the ,secretary concerned4 #h4 ,permit fee calculation 7a7 ,exclusion of certain revenue and payments ,in calculating fees for a special recreation permit1 the ,secretary concerned shall-- 7#a7 exclude revenue from goods1 services1 souvenirs1 merchandise1 gear1 food1 and activities provided or sold by a permit holder outside of the public land unit covered by the permit1 including transportation costs1 lodging1 and any other service provided before or after a trip2 and 7#b7 provide for a deduction in the amount equal to any fee to be paid by the special recreation permit holder under applicable law for a special recreation permit for an activity on a public land unit for which a separate permit is issued4 #i4 ,forest ,service permit use reviews 7a7 ,in general ,in carrying out a use review1 a renewal1 or an adjustment of allocations of use with respect to a special recreation permit for use of a public land unit managed by the ,forest ,service1 the ,secretary of ,agriculture 7referred to in this section as the ,secretary7 shall-- 7#a7 allocate the highest level of actual annual use during the period under review plus #be percent of that use1 not to exceed the level allocated to the permit holder on the date on which the permit was issued1 if the ,secretary determines that a special recreation permit holder has received a satisfactory performance review2 and 7#b7 7,a7 recognize that recreation demand can vary considerably as a result of seasonal variations and during off-peak periods2 and 7,b7 take that variability into account in determining whether an allocation to a special recreation permit holder should be adjusted4 7b7 ,waiver ,the ,secretary may waive a special recreation permit use review for any period during which use of the assigned capacity has been prevented by a circumstance beyond the control of the permit holder such as-- 7#a7 unfavorable weather2 7#b7 fire2 7#c7 natural disaster2 7#d7 wildlife displacement2 or 7#e7 business interruption4 #aj4 ,liability 7a7 ,indemnification by government entities ,the ,secretary concerned may not require an organization to indemnify the ,united ,states as a condition for issuing a special recreation permit for a public land unit under this ,act if-- 7#a7 the organization is prohibited by ,state or local law from providing indemnification to the ,united ,states2 and 7#b7 the organization carries adequate liability insurance coverage1 or is adequately self-insured1 for activities conducted under the special recreation permit4 7b7 ,exculpatory agreements ,the ,secretary shall not implement1 administer1 or enforce any regulation or policy prohibiting the use of an exculpatory agreement between a recreation service provider and a customer of the recreation service provider for services provided under a special recreation permit4